2811 Agriculture Drive
First Floor Board Room
Madison, WI 53718
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
In order to protect Wisconsin groundwater, current rules under ch.
ATCP 30, Wis. Adm. Code, restrict the statewide rate at which atrazine pesticides may be applied. Current rules also prohibit the use of atrazine in areas where groundwater contamination levels attain or exceed state enforcement standards. This rule expands an existing prohibition area based on new groundwater test data, and extends the time period of atrazine application to April 1 - July 31.
Atrazine Prohibition Areas
Current rules prohibit the use of atrazine where atrazine contamination of groundwater equals or exceeds the current groundwater enforcement standard under ch.
NR 140, Wis. Adm. Code. Current rules prohibit atrazine use in 102 designated areas, including major prohibition areas in the lower Wisconsin river valley and much of Dane and Columbia counties.
This rule enlarges one current prohibition area and expands the time of atrazine application to April 1 through July 31 from the current April 15 through July 31 application time period. This rule will increase the statewide acreage of atrazine prohibition areas by 3200 acres and expands the application time to provide two additional weeks of potential atrazine use. This rule includes maps describing the revised prohibition areas.
Within every prohibition area, atrazine applications are prohibited. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface which complies with s.
ATCP 29.45, Wis. Adm. Code.
Fiscal Estimate
The rule will be administered by the Agricultural Resource Management (ARM) Division of the Department of Agriculture, Trade and Consumer Protection (DATCP). The following estimate is based on enlarging 1 existing prohibition area (PA), and expanding the time period for atrazine application.
Administration and enforcement of the proposed rule changes will involve new costs for DATCP. Specialist and field investigator staff time will be needed for inspections and enforcement in the expanded PA and in educating and enforcing the new application time period (0.25 FTE, costing approximately $10,000). Enforcement activities will be conducted in conjunction with current compliance inspections, but at increased levels to ensure compliance with the additional PA. Compliance activities will be especially important in the first few years as growers, commercial applicators, dealers, and agricultural consultants in the state require education to comply with the new regulations.
Soil sampling conducted in the expanded PA to determine compliance with the rules will require an estimated $750 in analytical services. In addition, a public information effort will be needed to achieve a high degree of voluntary compliance with the rule. Direct costs to create and distribute the informational materials will be $5,000.
Total Annual Costs: $15,750
DATCP anticipates no additional costs for other state agencies. Water sampling programs within the Department of Natural Resources and local health agencies may receive short-term increased interest by individuals requesting samples.
The rule does not mandate that local government resources be expended on sample collection, rule administration or enforcement. The rule is not expected to have any fiscal impact on local units of government. County agricultural agents will likely receive requests for information on provisions of the rule and on weed control strategies because of reduced reliance on atrazine. This responsibility will probably be incorporated into current extension programs with no net fiscal impact.
Initial Regulatory Flexibility Analysis
Businesses Affected: The changes to ch.
ATCP 30 Appendix A, Wis. Adm. Code, will affect small businesses in Wisconsin. The greatest small business impact of the changes will be on users of atrazine -- farmers who grow corn. The proposed prohibition area contains approximately 3,200 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 800 acres of corn will be affected. Between 2 and 4 producers would be affected, depending on their corn acreage and their reliance on atrazine products. These producers are small businesses, as defined by s.
227.114 (1) (a), Stats. Secondary effects may be felt by distributors and applicators of atrazine pesticides, crop consultants and equipment dealers. Since the secondary effects relate to identifying and assisting farmers in implementing alternative weed control methods, these effects will most likely result in additional or replacement business.
Specific economic impacts of alternative pest control techniques are discussed in the environmental impact statement for this rule.
Reporting, Recordkeeping and Other Procedures Required for Compliance: The maximum application rate for atrazine use in Wisconsin is based on soil texture. This may necessitate referring to a soil survey map or obtaining a soil test. While this activity is routine, documentation must be maintained to justify the selected application rate. A map delineating application areas must be prepared if the field is subdivided and variable application rates are used. This procedure is already required under the current rule.
All users of atrazine, including farmers, will need to maintain specific records for each application. This procedure is already required under the current rule.
Atrazine cannot be used in certain areas of Wisconsin where groundwater contamination exceeds the atrazine enforcement standard in s.
NR 140.10, Wis. Adm. Code.
Professional Skills Required to Comply: The proposed changes affect how much atrazine can be applied and on which fields. Because overall use of atrazine will be reduced in Wisconsin, alternative weed control techniques may be needed in some situations. These techniques may include different crop rotations, reduced atrazine rates, either alone or in combination with other herbicides, or combinations of herbicides and mechanical weed control measures.
While alternative weed control techniques are available, adoption of these techniques on individual farms will, in some cases, require assistance. In the past, this type of assistance has been provided by University of Wisconsin Extension personnel and farm chemical dealers. In recent years, many farmers have been using crop consultants to scout fields, identify specific pest problems and recommend control measures. DATCP anticipates these three information sources will continue to be used as the primary source of information, both on whether atrazine can be used and which alternatives are likely to work for each situation.
Draft Environmental Impact Statement
DATCP has prepared a draft environmental impact statement (EIS) for the proposed 2004 amendment to rules on the use of pesticides containing atrazine. Copies are available from DATCP on request and will be available at the public hearings. Comments on the EIS should be directed to the Agricultural Resource Management Division, Wisconsin Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI, 53708 in care of Jeff Postle. Phone 608/224-4503. Written comments on the EIS will be accepted until October 3, 2003.
Notice of Hearing
Commerce
(Licenses, Certifications, etc., Ch.
Comm 5)
[CR 03 - 075]
NOTICE IS HEREBY GIVEN that pursuant to chs.
101,
145 and
167, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to licenses, certifications and registrations.
Hearing Date, Time and Location
The public hearing will be held as follows:
Thursday, September 18, 2003 at 10:30 a.m.
Room 3B, Thompson Commerce Center
201 West Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until October 3, 2003, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689
E-mail:
racker@commerce.state.wi.us.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Analysis Prepared by the Department of Commerce
Statutory authority: Chapters
101,
145 and
167, Stats.
Statutes interpreted: Chapters
101,
145 and
167, Stats.
Chapter
Comm 5 of the Wisconsin Administrative Code contains the Department's rules for the issuance and renewal of numerous credentials which businesses and individuals are either mandated or permitted to obtain. These credentials are licenses, certifications and registrations that relate to activities associated with the construction and inspection of buildings and structures or specific components and elements that serve buildings and structures.
The proposed rules consist of various revisions in ch.
Comm 5 in order to address current administrative and enforcement issues, and to propose new approaches relating to the application, issuance and renewal of credentials. The following is a summary of the major changes being proposed.
1. New rules are added to incorporate the latest American Welding Society standards by which to conduct welding procedure certifications.
2. A new rule is added to clarify that certain businesses having multiple locations covered by one federal identification number need not obtain a separate credential for each location.
3. The criminal background check procedure for blasters is revised and the fee adjusted to reflect the Department's cost for the new procedure.
4. Except for terms that are statutorily specified, all credential terms are changed to 4 years. The credential fees and any required continuing education hours are adjusted accordingly.
5. A flexible re-instatement criteria is established for those individuals who let their credentials lapse more than one term.
6. New responsibility rules are added to inform dwelling contractors, electrical contractors, master electricians, fire sprinkler contractors, HVAC contractors, HVAC qualifiers and master plumbers that construction and/or installation may not commence until required Uniform Dwelling Code (UDC) building permits or sanitary permits are issued.
7. New rules are added to allow persons to obtain certification as a commercial building inspector without examination if they hold certain certifications issued by the International Code Council or are a registered architect or engineer.
8. New rules are added to allow persons to obtain certification as a commercial electrical inspector without examination if they hold certain certifications issued by the International Code Council.
9. New rules are added requiring certification of inspectors or supervisors responsible for inspection of plumbing installations within cities of the first, second and third class. The rules allow master and journeyman plumbers to be certified as commercial plumbing inspectors without examination.
10. New rules are added to allow persons certified as commercial building inspectors, commercial electrical inspectors or commercial plumbing inspectors to conduct respective inspections of one- and 2-family dwellings.
11. New rules are added to allow persons to obtain certification as a UDC-electrical inspector without examination if they hold a certification as a journeyman electrician.
12. New rules are added to allow persons to obtain certification as a UDC-HVAC inspector without examination if they hold a HVAC qualifier certification.
13. New rules are added to allow persons to obtain certification as a POWTS inspector without examination if they hold a license as a master plumber, journeyman plumber, master plumber-restricted service, or journeyman plumber-restricted service.
14. The continuing education requirements for rental weatherization inspectors are eliminated.
15. New rules are added to specify the process for applying for a plumber's license for a person who holds a license from or has practical experience in another state.
16. The requirement to complete a special course in order to install a multipurpose piping system for persons who obtained their master plumber's license prior to January 1, 2002 is eliminated.
17. The requirements for the specific educational course work as a qualification to write the journeyman plumber-restricted exams are eliminated.
Environmental Assessment
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any businesses that obtain licenses, certifications or registrations from the Division of Safety and Buildings or the Division of Environmental and Regulatory Services.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting, bookkeeping and other procedures required for compliance with the rules that are not currently required.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the proposed rules.
Fiscal Estimate
The proposed rules contain a respective adjustment to the credential fees in response to the proposed change in the credential terms. Therefore, over a given time period, the revenues collected will be unchanged. The proposed rules also contain a new $200 filing fee for renewal of a credential more than one term after expiration of the credential. The Department anticipates very few submittals of this type, and the fee will cover any additional workload costs related to processing the submittal. Therefore, the proposed rules will not have any fiscal effect on the Department.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, E-mail:
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Notice of Hearing
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in Wis. Stat. ss.
15.08 (5) (b),
227.11 (2) and
447.02 (1) (d) and interpreting Wis. Stat. s.
447.06 (2), the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal and recreate s.
DE 3.02, relating to the practice of dental hygiene.
Hearing Date, Time and Location
Date: November 5, 2003
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 30, 2003, to be included in the record of rule-making proceedings.
Proposed Order
An order of the Dentistry Examining Board to repeal and recreate DE 3.02, relating to the practice of dental hygiene.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss.
15.08 (5) (b). 227.11 (2) and 447.02 (1) (d), Stats.
